Applicant Name:  ?????

Application Receipt Date: 2012/02/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he served in combat and suffered from medical issues and requests a new reason for separation and separation code.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 070607
Discharge Received: 			   Date: 070628   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Det D, FM Co, 101st BTB, 101st SB, Fort Campbell, KY 

Time Lost: Confinement Military Authority 27 days (070508-070603), punishment as the result of the Summary Court-Martial (070508).

Article 15s (Charges/Dates/Punishment): 060908, Damage to government property in the sum of more than $500.00, reduction to E2; and forfeiture of $333.00 pay for one month, (CG).

Courts-Martial (Charges/Dates/Punishment): 070508, SCM, Failure to go to his appointed place of duty (070412), disrespect to a superior commissioned officer and disobeying a superior commissioned officer (070410), disobeying a superior commissioned officer (070412), and disobeying a noncommissioned officer (070410), reduction to E1; forfeiture of $867.00 pay for one month; and confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 050706    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01 Yrs, 10  Mos, 00  Days ?????
Total Service:  		01 Yrs, 10  Mos, 00  Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 44C10/Financial Mgmt Tech   GT: 111   EDU: 14 Yrs   Overseas: Southwest Asia   Combat: Iraq (060509-060930)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed







VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 7 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for failing to report to his appointed place of duty on divers occasions; disobeying lawful orders on divers occasions; being disrespectful to a superior commissioned officer; and disobeying the commands of a superior commissioned officer, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 15 June 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval with a general, under honorable conditions discharge.  
       
       On 19 June 2007, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The analyst noted that on the applicant's DD Form 214 block 24, "Character of Service" reads "Honorable."
       
       However, the separation authority approved the applicant's discharge under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, with a characterization of service of "General, Under Honorable Conditions."

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general under honorable conditions or an honorable discharge may be granted. 

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review, the documents, and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  
       
       The narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "pattern of misconduct," and the separation code is "JKA."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.
       
       
       
       
       
       The applicant contends he suffers from combat stress.  The analyst noted the applicant's contention and acknowledges the independent documents submitted by the applicant.  However, the Report of Mental Status Evaluation, dated 27 March 2007 found in his record makes reference to the applicant being diagnosed with an adjustment disorder with depressed mood.  The applicant had the mental capacity to understand and participate in the proceedings, was mentally responsible, and met the retention requirments.  
       
       There is no evidence of record and the applicant has submitted no probative medical evidence that he had a medical problem which rendered him disqualified for further military service and that he was not able to perform his duties, with either medical limitation or medication.  
       
       Notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as honorable.  In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 24, character of service to "general, under honorable conditions, which was approved by the separation authority.  
       
       Except for the foregoing modification to the applicant's characterization of service the analyst determined that the characterization of service and reason for discharge were both proper and equitable, and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 15 August 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, Self-Authored Letters, dated 2 January 2012 and 6 February 2012, Cumberland Hall Psychosocial Assessment, dated 29 March 2007 and 25 June 2007, Cumberland Hall Behavioral Health Services Psychiatric Evaluation, dated 30 March 2007 and 21 June 2007, Cumberland Hall Behavioral Health Services Medical History and Physical (2),  Cumberland Hall Behavioral Health Services Discharge Summary, dated 4 April 2007 DD Form 214 for the period of service under review.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as “honorable.”  In view of the error, the Board directs that an administrative change be made to block 24, character of service to read general, under honorable conditions as approved by the separation authority.  Except for the foregoing modifications, the Board determined that the discharge was both proper and equitable and voted not to change it.












        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA


XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
???



Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120003070
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